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(영문) 서울중앙지방법원 2016.05.09 2016가단11248

양수금

Text

1. The Plaintiff:

A. As regards Defendant A Co., Ltd., the amount of KRW 30,000,000 and that:

B. Defendant A, Inc.

Reasons

1. Basic facts

A. Busan District Court Decision 2004Gahap24512 (hereinafter “ Busan District Court Decision 2004Dahap24512), which filed a lawsuit against the defendant A (hereinafter “Defendant A”), D, network G, and H, and on October 27, 2005, the judgment of this case became final and conclusive on September 15, 2005 that “the plaintiff shall jointly and severally pay to the plaintiff 282,152,248 won, and the defendant A shall pay to the plaintiff 8,309,104 won and each of them at the rate of 20% per annum from September 1, 2005 to the full payment (hereinafter “the judgment of this case”).

B. On August 26, 2011, according to the Financial Services Commission’s decision to transfer a contract, the Plaintiff acquired the instant claim against Defendant A, etc. of Busan2 Mutual Savings Bank, and the Busan2 Mutual Savings Bank publicly announced the said decision to transfer a contract on August 29, 201.

C. Meanwhile, as the network G died on July 28, 2014, Defendant B, his spouse, and Defendant C, D, E, and F inherited the network G’s property rights and duties at the rate of 2/11, respectively. With respect to the inheritance of the above property, the said Defendants filed an application for the inheritance limited recognition with Seoul Family Court 2014 - 9168, and received the repair trial on November 17, 2014, the said judgment became final and conclusive around that time.

On October 1, 2015, the Plaintiff filed an application for the instant payment order seeking the payment of the acquisition amount with the cause of the claim that the Plaintiff acquired the said claim from Busan 2 Mutual Savings Bank for the interruption of prescription of the claim for judgment amount.

The grounds for recognition: Defendant B, C, E, and F alleged that the liability for the inheritance of the deceased G’s property was limited since the qualified acceptance was made through the written response of March 18, 2016, and they did not assert that the liability is limited to Defendant B, C, E, and F. The Plaintiff accepted the qualified acceptance claim by the said Defendants, and reduced the purport of the claim. Accordingly, the said Defendants did not dispute the modified purport of the claim.